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FNC senior judicial analyst Judge Andrew Napolitano on the Supreme Court’s hearings on the health-care law and why the Justices will likely throw ou...
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In the wake of the Supreme Court arguments over obamacare the White House tonight trying to do it seems to rebrand.
The individual mandate they are now -- looked at sleep first call.
Responsibility clause here to talk about the constitutionality.
All of that law and up.
The individual responsibility.
Of provision.
The judge Andrew -- public -- -- great to have you with thank you.
-- -- -- -- Were you thinking that about this time you being here in the White House talk about personal responsibility provisionally or otherwise well I didn't -- I think that the White House can take out the sting from the -- constitutional law but giving in a different name.
Well I think it's it's a characteristic strategy but -- What are what are are your thoughts about this the commerce clause.
Obamacare itself it looks like of all rides on the justices determination within within the year commerce -- -- A lot of us were surprised at the ferocity.
Of justice Kennedy's questions the quickness with which he asked -- them.
And the directness that he -- with which he deemed them at the solicitor general.
This is not a game at this level this is not a law school argument this is not a test of they would we Reuters knowledge this is a serious effort.
To get at the truth injustices are not doing -- trip.
People that we heard a number of people a number of analysts suggest what you know whether we think it's probably just double -- concede they're not really serious about the question.
They seem very serious to me how they did and Justice Kennedy.
Knows he's the swing vote he knows he sits in the middle between four pretty committed conservatives.
And for pretty committed liberals he knows that the entire legal community and much of -- political community and much of the nation was watching him.
And he expressed very serious doubts about whether the constitution authorizes the congress to go as far as it went.
In this case there's there seems to be.
If you will.
-- predilection toward rescuing salvaging part of this law on the part of some of the justices if they were to throw out the individual mandate.
Well because there's a -- there's a general constitutional principle though what the congress does is presumed to be valid lawful and constitutional.
And even as congress where you -- -- that's cars and the court should only remove that which is obviously unconstitutional and save the rest.
But this statute might not be rational might not make sense without the individual mandate in there could some of the.
Things.
About the creation of this -- come back.
And reduce the courts instinct as you say to salvage to to rescue some of -- justice for example.
The speaker of the house saying things like you've got to pass this law in order to find out what's and it -- 4800 pages we -- what's the Scalia talked about the eighth amendment cruel and unusual punishment I take even read it.
It -- the fact that -- Democrat.
Voting.
Became the sixth the sixtieth vote in the senate is name is Arlen Specter and you just previously been a Republican who traded -- To make obamacare happen not a single Republican supporting it in the house.
My -- this doesn't work quite a popular expression of the will -- I agree with everything you said but the court is trained not to look at that -- -- -- -- trust me there are antitrust you're looking at the convoluted laws that are poorly drafted and that make no sense.
That's what they do for eleven.
Their job is to see if this thing.
Fits within the confines of the constitution.
And I think you're gonna find that by a factor for -- they're gonna say no.
It does not fit within the confines of the constitution what do we do with the rest of it.
The weak growth for all 2700 pages and decide what stays -- what goes justice and -- is -- -- -- out and say congress start all over.
All right this is where you make your -- What will the Supreme Court -- will they throw it out or will they simply drop individual mandate I think they're gonna throughout the entire statute.
Congress had the option of saying in the statute.
If you have to carve out anything -- arrest cold December ability option.
Congress rejected that option it was in one of the drafts and they took it out before it went to the president for his signature that -- to the court the whole thing rises or the whole thing falls right and we -- -- until June to find out.
Bring them back part are.
-- really -- your for the rest up thank you judgment -- dollar breaking.
